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U.S. Code as of:
01/19/04
Section 850. Art. 50. Admissibility of records of courts of inquiry
(a) In any case not capital and not extending to the dismissal of
a commissioned officer, the sworn testimony, contained in the duly
authenticated record of proceedings of a court of inquiry, of a
person whose oral testimony cannot be obtained, may, if otherwise
admissible under the rules of evidence, be read in evidence by any
party before a court-martial or military commission if the accused
was a party before the court of inquiry and if the same issue was
involved or if the accused consents to the introduction of such
evidence.
(b) Such testimony may be read in evidence only by the defense in
capital cases or cases extending to the dismissal of a commissioned
officer.
(c) Such testimony may also be read in evidence before a court of
inquiry or a military board.
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